Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Walter Landry
Glenn Maynard [EMAIL PROTECTED] wrote:
 On Sun, Aug 22, 2004 at 11:56:03PM -0400, Walter Landry wrote:
  If I understand correctly, you argue that DFSG #1-#9 should be
  interpreted in such a way to make the GPL free (because of, among
  other things, flamewars on -legal).  That makes DFSG #10 a no-op.  I
  argue that DFSG #10 enforces a particular interpretation.  DFSG #10 is
  thus a consistency check.  For those with the proper mindset, DFSG #10
  is thus a no-op.  I'm not sure that we're disagreeing about anything
  important.
 
 I can't tell if your position is that DFSG#10 is a grandfathering clause
 or that it's an interpretive guideline.  Copyleft is only allowed because
 it is explicitly grandfathered in by DFSG #10 seems to be the former;
 that the GPL fails DFSG#1-9, but DFSG#10 overrides that.  Here, I argue
 that DFSG #10 enforces a particular interpretation seems the latter; that
 the GPL passes DFSG#1-9, due to DFSG#10.  These seem to be two very
 different interpretations.
 
 Could you clarify your position?

Perhaps using the term grandfathering was ill advised.  That would
mean licenses with similar terms would be non-free.  Rather, DFSG #10
enforces a particular interpretation.

Regards,
Walter Landry
[EMAIL PROTECTED]



MontyLingua license

2004-08-24 Thread Seo Sanghyeon
I am interested in MontyLingua, a wonderful natural language(well,
English only) processing toolkit, which can use common sense library.

Project homepage
http://web.media.mit.edu/~hugo/montylingua/

Now I am puzzled by its license:
http://web.media.mit.edu/~hugo/montylingua/doc/License.txt

Quote:
If it is your intent to use this software for non-commercial,
non-prioprietary[sic] purposes, such as for academic research purposes,
this software is free and is covered under the GNU GPL License,
given here: http://www.gnu.org/licenses/gpl.txt and in the
APPENDIX of this document.

If you are interested in this software for commercial purposes,
commercial licensing information is available.  Please email
([EMAIL PROTECTED]) for more information.

The rest of the document is request for acknowledgement and various
components of MontyLingua governed by other licenses, all of which
seems to be free.

Since it is certainly licensed under GNU GPL, is it okay to go into
Debian main? What could This is covered under GPL, but only for
non-commercial use mean at all?

Seo Sanghyeon



Re: MontyLingua license

2004-08-24 Thread Glenn Maynard
On Tue, Aug 24, 2004 at 02:54:22PM +0900, Seo Sanghyeon wrote:
 Since it is certainly licensed under GNU GPL, is it okay to go into
 Debian main? What could This is covered under GPL, but only for
 non-commercial use mean at all?

It means the copyright holder doesn't understand the GPL.  This permission
grant is self-contradictory, and can not safely be used at all.  Unless
there are other options available, I'd assume this software isn't
distributable, even in non-free.

-- 
Glenn Maynard



Re: MontyLingua license

2004-08-24 Thread Jacobo Tarrio
O Martes, 24 de Agosto de 2004 ás 14:54:22 +0900, Seo Sanghyeon escribía:

 Since it is certainly licensed under GNU GPL, is it okay to go into
 Debian main? What could This is covered under GPL, but only for
 non-commercial use mean at all?

 I'd guess that it's just the usual association proprietary-commercial going
on.

 Or it might be like Dansguardian's license [1]: GPL, but you cannot
download Dansguardian from its page or an official mirror if you are going
to use it for commercial purposes (you may download it from any site not
associated with Dansguardian; that's how Debian distributes it).

 But I believe it is just the first case. Might require clarification from
upstream if this piece of software were to be packaged, though.

[1] http://dansguardian.org/?page=copyright2

-- 

   Tarrío
(Compostela)



Re: MontyLingua license

2004-08-24 Thread Russ Allbery
Seo Sanghyeon [EMAIL PROTECTED] writes:

 Now I am puzzled by its license:
 http://web.media.mit.edu/~hugo/montylingua/doc/License.txt

 Quote:
 If it is your intent to use this software for non-commercial,
 non-prioprietary[sic] purposes, such as for academic research purposes,
 this software is free and is covered under the GNU GPL License,
 given here: http://www.gnu.org/licenses/gpl.txt and in the
 APPENDIX of this document.

 If you are interested in this software for commercial purposes,
 commercial licensing information is available.  Please email
 ([EMAIL PROTECTED]) for more information.

 The rest of the document is request for acknowledgement and various
 components of MontyLingua governed by other licenses, all of which
 seems to be free.

 Since it is certainly licensed under GNU GPL, is it okay to go into
 Debian main? What could This is covered under GPL, but only for
 non-commercial use mean at all?

I've seen that sort of license before.  While it may be worthwhile
checking with the authors just to be sure, whenever I've seen this license
before the authors have just been confused about the difference between
commercial and closed-source.  The intent has always been to say this
software is distributed under the GPL; if you want to use it for some
purpose with which the GPL is not compatible, we're happy to charge you
money for an alternative license.

If that is indeed what is intended here as well, that would be fine for
Debian main, as it isn't any different than any other GPL-covered software
from Debian's perspective.

-- 
Russ Allbery ([EMAIL PROTECTED]) http://www.eyrie.org/~eagle/



Re: CeCILL again...

2004-08-24 Thread Edmund GRIMLEY EVANS
Glenn Maynard [EMAIL PROTECTED]:

 I think that it's fine to have licenses in other languages; I just think
 that there should always be an authoritative license in English, too.

I don't think that's acceptable as a general rule. The licence is
binding on the licensor, who should not have to be bound by a text in
a language that they don't understand properly.

 I don't think it's acceptable to have a /usr/share/doc/foo/copyright that
 doesn't include a *binding* English version.  The general case would lead to
 having those files in a dozen different languages, and nobody anywhere would
 actually be able to understand their rights (except for linguists); everyone
 would have to trust in a non-binding translation and the word of somebody
 they don't know that it's equivalent to the real terms.

In practice almost everyone relies to some extent on other people's
opinion of the licence even when it's written in their own language.

Also, it seems rather unreliable to have a text in English that is to
be interpreted under French law. There might be nasty surprises for
everyone if such a thing ends up in court. To put it another way, even
an English lawyer might prefer the text to be in French if it is to be
interpreted under French law.

Of course, if the licensor is happy to parallel-license under several
language versions, I would encourage them to do so. It would be very
helpful. I just wouldn't want to make it a Debian rule that they have
to do that.



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread MJ Ray

On 2004-08-24 04:08:34 +0100 Brian Nelson [EMAIL PROTECTED] wrote:

Actually, looking at nm_pp.txt, it's not really clear to me what 
answers to 
5a and 6 would be accepted, given the expressed views of some DDs. 
[...]
I find it appalling that believe you think that some answers to 5a 
and 6

should not be accepted.  Do you think Debian is some elite club where
only certain opinions should be accepted?


You quoted a huge chunk of my message and still made up something that 
I did not write to argue against! If you're not going to reply to 
anything in the message, it's probably best if you start another 
thread.



[...] I accept *all* answers, even


Really? *all*? So, what is the value of having these questions in the 
NM process?



if the holier-than-thou folks on debian-legal would not approve.


It is stupid to conclude that folks on debian-legal are 
holier-than-thou based on something you made up. I'm very worried 
that an AM engages in irrational debian-legal-bashing.


--
MJR/slefMy Opinion Only and not of any group I know



Re: MontyLingua license

2004-08-24 Thread MJ Ray
On 2004-08-24 06:54:22 +0100 Seo Sanghyeon 
[EMAIL PROTECTED] wrote:



http://web.media.mit.edu/~hugo/montylingua/doc/License.txt

[...]

Since it is certainly licensed under GNU GPL, is it okay to go into
Debian main? What could This is covered under GPL, but only for
non-commercial use mean at all?


I can't find that quote in the license file. Did you make it up? 
However, their comments on http://web.media.mit.edu/~hugo/montylingua/ 
make it look like it could be what they mean. Would you contact them 
to ask whether they really mean non-proprietary?


More troublesome is the following notice, which appears to grant no 
permissions:


[QUOTE]
original datafiles are governed by the following MIT License:


Copyright 1993 by the Massachusetts Institute of Technology and the
University of Pennsylvania.  All rights reserved. 


THIS SOFTWARE IS PROVIDED AS IS, AND M.I.T. MAKES NO REPRESENTATIONS
OR WARRANTIES, EXPRESS OR IMPLIED.  By way of example, but not 
limitation, M.I.T. MAKES NO REPRESENTATIONS OR WARRANTIES OF 
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE 
OF 
THE LICENSED SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD 
PARTY 
PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. 

[END QUOTE]

morph.lex's licence looks similar to a BSD+advertising to me. I wonder 
about any combination effect with the GPL of the main software, 
though.


xtag_morph_english.txt's licence looks like a simple non-copyleft.

--
MJR/slefMy Opinion Only and not of any group I know
http://www.ttllp.co.uk/ for creative copyleft computing
Please email about: BT alternative for line rental+DSL;
Education on SMEs+EU FP6; office filing that works fast



Re: CeCILL again...

2004-08-24 Thread Glenn Maynard
On Tue, Aug 24, 2004 at 09:02:47AM +0100, Edmund GRIMLEY EVANS wrote:
  I think that it's fine to have licenses in other languages; I just think
  that there should always be an authoritative license in English, too.
 
 I don't think that's acceptable as a general rule. The licence is
 binding on the licensor, who should not have to be bound by a text in
 a language that they don't understand properly.

The license is binding on the licensee, who should not have to be bound
by a text in a language that they don't understand properly.

(The only solution available to me, in that situation, is to not touch the
software.)

 In practice almost everyone relies to some extent on other people's
 opinion of the licence even when it's written in their own language.

The value of to some extent for a license in a different language is
an order of magnitude higher.  Also, the requirements that you know
English well enough to read licenses in order to fully understand your
rights to modify software in Debian is unavoidable.

-- 
Glenn Maynard



Re: CeCILL again...

2004-08-24 Thread Edmund GRIMLEY EVANS
Glenn Maynard [EMAIL PROTECTED]:

 The license is binding on the licensee,

Not in the same way, assuming it really is a licence, rather than a
contract.

 who should not have to be bound
 by a text in a language that they don't understand properly.
 (The only solution available to me, in that situation, is to not touch the
 software.)

Then you have a solution. Use it. But please don't try to force your
solution on other people who may be perfectly happy, or even happier,
with a licence in French.



Re: *** VIRUS ALERT *** Mail Delivery (failure debat@maxifoot.fr)

2004-08-24 Thread debat
From: [EMAIL PROTECTED]
Subject: Votre participation au 'Debat du Jeudi'

Cher lecteur,

Nous accusons réception de votre e-mail et nous vous remercions de votre 
participation au Débat du Jeudi de Maxifoot !

Votre message sera pris en compte dans les statistiques du débat. Nous essayons 
de publier le maximum de personnes, mais nous sommes obligés de limiter la 
longueur du débat, et tout le monde ne peut pas toujours être publié.

Maxifoot vous propose un nouveau sujet de débat chaque mardi, et les résultats 
+ réactions sont publiés chaque jeudi.

A jeudi, pour découvrir le résultats du débat sur le site.

L'Equipe de Maxifoot
http://www.maxifoot.fr








Microsoft :-) Sender-ID Licence

2004-08-24 Thread Stephane Bortzmeyer
The MARID Working Group of IETF
(http://www.ietf.org/html.charters/marid-charter.html) is close to
settle on its Sender-ID protocol.

Microsoft claims patents on some parts of Sender-ID
(http://www.imc.org/ietf-mxcomp/mail-archive/msg03495.html).

Microsoft drafted a licence for those wishing to implement
Sender-ID. I've found it small enough to be attached here but,
otherwise, it is at
http://www.imc.org/ietf-mxcomp/mail-archive/msg03496.html and has a
FAQ at http://www.imc.org/ietf-mxcomp/mail-archive/msg03497.html.

It is not common to have Microsoft licences in debian-legal :-) I do
not send it here for a specific software but because the possibility
of IETF standardizing a technology which depends on a patent with a
non-free licence is worrying. I believe this licence is certainly
GPL-incompatible and probably non-free.

Other analyses of the licence:
http://www.imc.org/ietf-mxcomp/mail-archive/msg03500.html and
http://www.imc.org/ietf-mxcomp/mail-archive/msg03514.html.








SenderID_License-Agreement.pdf
Description: Adobe PDF document


Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Andrew Suffield
On Mon, Aug 23, 2004 at 01:16:06PM -0700, [EMAIL PROTECTED] wrote:
 The debian-legal mailing list is often bashed because it repreresents
 an extreme point of view relative to Debian proper.

Being interested in licensing issues is extreme? That's quite a
strange thing to claim.

  particularly when it comes from people who don't participate in its 
  discussions.
 
  At any rate, I'm not saying we need to make the PP process turn our NMs
  into legal experts.  I *am* saying we need to educate them that legal
  issues, even in Free Software, are sufficiently complex that expertise is
  actually required.  Armchair quarterbacking from a position of ignorance
 
 Many folks see debian-legal as armchair laywering from a position of 
 ignorance.  How many participants are attorneys?

Who cares? Being an attorney does not give you any special ability to
interpret the DFSG. Also, turning the question around the other way:

How many Debian developers are CS graduates and professional
programmers? How many AMs are qualified teachers?

While these qualifications have their use, they aren't necessary
here. You don't have to be an attorney to understand the law, only to
practice it.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'  |
   `- --  |


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Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Matthew Garrett
Andrew Suffield [EMAIL PROTECTED] wrote:
 On Mon, Aug 23, 2004 at 01:16:06PM -0700, [EMAIL PROTECTED] wrote:
 The debian-legal mailing list is often bashed because it repreresents
 an extreme point of view relative to Debian proper.
 
 Being interested in licensing issues is extreme? That's quite a
 strange thing to claim.

The proportion of the population of debian-legal who believe that the
patch clause exemption in DFSG 4 is a grave mistake or that the GPL is
only free because of DFSG 10 seems greater than in the developer
population at large. That seems like a reasonable approximation of
extreme.

-- 
Matthew Garrett | [EMAIL PROTECTED]



Re: Microsoft :-) Sender-ID Licence

2004-08-24 Thread Andrew Suffield
On Tue, Aug 24, 2004 at 02:20:10PM +0200, Stephane Bortzmeyer wrote:
 The MARID Working Group of IETF
 (http://www.ietf.org/html.charters/marid-charter.html) is close to
 settle on its Sender-ID protocol.
 
 Microsoft claims patents on some parts of Sender-ID
 (http://www.imc.org/ietf-mxcomp/mail-archive/msg03495.html).
 
 Microsoft drafted a licence for those wishing to implement
 Sender-ID. I've found it small enough to be attached here but,
 otherwise, it is at
 http://www.imc.org/ietf-mxcomp/mail-archive/msg03496.html and has a
 FAQ at http://www.imc.org/ietf-mxcomp/mail-archive/msg03497.html.

This isn't a license, it's a bloody contract. You have to sign it and
return it to MS before it takes effect, and you can't redistribute (or
modify) until you do that.

I can't imagine how that could be free.

On the other hand, I can't imagine how MS could have any valid patents
on such a simple thing. So it's quite possible that the whole thing is
a load of bull.

This also contains a choice-of-venue clause which explicitly denies
all the escape methods people have suggested so far.

And it's a bloody PDF.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'  |
   `- --  |


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Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Andrew Suffield
On Mon, Aug 23, 2004 at 08:08:34PM -0700, Brian Nelson wrote:
  Actually, looking at nm_pp.txt, it's not really clear to me what 
  answers to 5a and 6 would be accepted, given the expressed views of 
  some DDs. Anyway, we probably need some questions about the more 
  interesting things like patent termination clauses or 
  copyright-enforced trademarks (debian logo?), as they are pretty 
  common problems. I'll have to let some of the gurus give good examples 
  to start, but I'll help if I can.
 
 I find it appalling that believe you think that some answers to 5a and 6
 should not be accepted.  Do you think Debian is some elite club where
 only certain opinions should be accepted?

Yes. That's the whole point of the NM process. If this were not true
then it would be unnecessary. The following is an example of an
unacceptable opinion for a Debian applicant:

 5a. The GNU Free Documentaion License (FDL) has been heavily discussed
 on debian-legal recently. Read
 http://people.debian.org/~srivasta/Position_Statement.html and
 briefly explain how you feel about the including documents
 licensed under the FDL in main and what consequences of this
 position might be for Debian.

Debian should ignore licenses and include everything in main.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'  |
   `- --  |


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Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Florian Weimer
* Andrew Suffield:

 Yes. That's the whole point of the NM process. If this were not true
 then it would be unnecessary. The following is an example of an
 unacceptable opinion for a Debian applicant:

 5a. The GNU Free Documentaion License (FDL) has been heavily discussed
 on debian-legal recently. Read
 http://people.debian.org/~srivasta/Position_Statement.html and
 briefly explain how you feel about the including documents
 licensed under the FDL in main and what consequences of this
 position might be for Debian.

 Debian should ignore licenses and include everything in main.

It's too short to be a valid answer, IMHO, but there's a certain line
of thinking perfectly acceptable among DDs which would completely
justify such a hyperbolic comment.



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Brian Thomas Sniffen
Francesco, I think you're misinterpreting Sven's intent with the more
permissive license.  The idea is not that you or I would ever see
such a thing; rather, INRIA sells licenses to Ocaml.  You pay them
$10k or so, and you get a permissive license.  If you don't pay, you
get the QPL.

As far as the provided part goes: the idea there is that INRIA will
distribute my modifications under their permissive-for-sale license
and the QPL -- though the QPL version may only be distributed to their
pet cats, for all I know.  The recipients of the permissive-for-sale
versions will make further modifications and sell the result, and I
may be completely unaware that I own the copyright on part of
something I later buy from them.

Those later recipients are not under any obligation to release copies
under the QPL.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Brian Thomas Sniffen
Matthew Garrett [EMAIL PROTECTED] writes:

 The proportion of the population of debian-legal who believe that the
 patch clause exemption in DFSG 4 is a grave mistake or that the GPL is
 only free because of DFSG 10 seems greater than in the developer
 population at large. That seems like a reasonable approximation of
 extreme.

And I suspect the population of lisp maintainers who believe that the
feature macros are a grave mistake or that the path-name standards are
only still there because X3J13 insisted is greater than in the
developer population at large.  That's because experts tend to have
detailed opinions about their field of expertise.

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: Microsoft :-) Sender-ID Licence

2004-08-24 Thread Stephane Bortzmeyer
On Tue, Aug 24, 2004 at 01:54:16PM +0100,
 Andrew Suffield [EMAIL PROTECTED] wrote 
 a message of 60 lines which said:

 On the other hand, I can't imagine how MS could have any valid
 patents on such a simple thing. So it's quite possible that the
 whole thing is a load of bull.

It is clearly the crux of the problem. If the licence is unacceptable
(many people think it is), what the IETF should do?

1) Go ahead and ignore what is probably a futile patent (like patents
on hypertext or on encoding of a session ID in the URL). Problem: many
implementors will fear to proceed in such an uncertain situation.

2) Drop everything which has a claim (not even a granted patent) on
it. Problem: big companies owners like Microsoft therefore have a veto
on what the IETF can standardize or not.

 And it's a bloody PDF.

Keep cool, it could have been a MS-Word. (apt-get install xpdf 
pdftotext SenderID_License-Agreement.pdf)



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Steve McIntyre
Andrew Suffield writes:
On Mon, Aug 23, 2004 at 01:16:06PM -0700, [EMAIL PROTECTED] wrote:
 The debian-legal mailing list is often bashed because it repreresents
 an extreme point of view relative to Debian proper.

Being interested in licensing issues is extreme? That's quite a
strange thing to claim.

And it's not what he's claiming at all, as you well know. debian-legal
currently includes a large number of people who are on the more
extreme end of the range of licensing opinions expressed within
Debian.

 Many folks see debian-legal as armchair laywering from a position of 
 ignorance.  How many participants are attorneys?

Who cares? Being an attorney does not give you any special ability to
interpret the DFSG. Also, turning the question around the other way:

How many Debian developers are CS graduates and professional
programmers? How many AMs are qualified teachers?

While these qualifications have their use, they aren't necessary
here. You don't have to be an attorney to understand the law, only to
practice it.

But it's a great help in terms of understanding the meanings of lots
of the *legal* license terms that are bandied about. And how they
might be applied in court, with precedent. And in this case
professional training is much more important than in the others you
named IMHO.

-- 
Steve McIntyre, Cambridge, UK.[EMAIL PROTECTED]
Into the distance, a ribbon of black
Stretched to the point of no turning back



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Sven Luther
On Tue, Aug 24, 2004 at 01:41:07PM +0100, Andrew Suffield wrote:
 On Mon, Aug 23, 2004 at 08:08:34PM -0700, Brian Nelson wrote:
   Actually, looking at nm_pp.txt, it's not really clear to me what 
   answers to 5a and 6 would be accepted, given the expressed views of 
   some DDs. Anyway, we probably need some questions about the more 
   interesting things like patent termination clauses or 
   copyright-enforced trademarks (debian logo?), as they are pretty 
   common problems. I'll have to let some of the gurus give good examples 
   to start, but I'll help if I can.
  
  I find it appalling that believe you think that some answers to 5a and 6
  should not be accepted.  Do you think Debian is some elite club where
  only certain opinions should be accepted?
 
 Yes. That's the whole point of the NM process. If this were not true
 then it would be unnecessary. The following is an example of an
 unacceptable opinion for a Debian applicant:
 
  5a. The GNU Free Documentaion License (FDL) has been heavily discussed
  on debian-legal recently. Read
  http://people.debian.org/~srivasta/Position_Statement.html and
  briefly explain how you feel about the including documents
  licensed under the FDL in main and what consequences of this
  position might be for Debian.
 
 Debian should ignore licenses and include everything in main.

Sure, just move the main archive out of licence encoumbered country, and that
would be all right. :)

Friendly,

Sven Luther



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Sven Luther
On Mon, Aug 23, 2004 at 11:12:52PM +0200, Francesco Poli wrote:
 On Mon, 23 Aug 2004 09:34:00 +0200 Sven Luther wrote:
 
  Notice that in the ocaml case, it is well possible that the additional
  licences is more near the BSD, since it allows for third party to make
  modifications under a more permisive licence than the LGPL/QPL duo.
 
  So, would a wording where QPL 3b is modified to say that it may be
  relicenced under the QPL and under a more permisive licence be
  acceptable ?
 
 IMHO, it would not improve the modified-QPL freeness.

Why not ? It would say : upstream can redistribute under the QPL and any other
licence that is considered DFSG-Free, including the BSD licence.

What do you find non-free in this ? 

 It however would really improve the ocaml freeness, if ocaml itself were
 dual-licensed under a 2-clause BSD license (or X11 or Expat or...)
 besides the QPL. In that case Debian could choose to distribute
 under the 2-clause BSD license (or X11 or...) and everyone could be
 happy...

Notice that the situation is not exactly the same. I didn't say the ocaml
would be dual licenced, but that upstream has the right to distribute your
changes under some random free licence, including the 2-clause BSD one, to the
people they chose to. Not necessarily the world at large though.

Friendly,

Sven Luther



Re: CeCILL again...

2004-08-24 Thread Sven Luther
On Mon, Aug 23, 2004 at 03:59:41PM -0400, Glenn Maynard wrote:
 On Mon, Aug 23, 2004 at 02:39:22PM +0200, Nicolas CANIART wrote:
   (Yes, the clause repeats itself; I have no idea why.)
  
  At http://cecill.info/faq.en.html#clarification parapraph 2, it is said 
  that this is a translation bug and it will be corrected in the next
   version (no date given ...)
 
 Noting licensing translation problems in a FAQ instead of actually fixing
 them doesn't inspire confidence in these people (no more than the fact
 that they put their licensing terms in PDF ...)

Well, it will be fixed in the next release of the licence version, what more
do you want ? 

I believe they have to run it through a comitee or something first, and i know
for sure that part of their personal in in vacation right now (as the email
autoresponder to the cecill email address shows).

Friendly,

Sven Luther



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Sven Luther
On Tue, Aug 24, 2004 at 04:53:24PM +0200, Sven Luther wrote:
  Debian should ignore licenses and include everything in main.
 
 Sure, just move the main archive out of licence encoumbered country, and that
 would be all right. :)

Err, forget what i said. i thought of patents, not licences.

Friendly,

Sven Luther



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread MJ Ray

On 2004-08-24 15:01:37 +0100 Steve McIntyre [EMAIL PROTECTED] wrote:


currently includes a large number of people who are on the more
extreme end of the range of licensing opinions expressed within
Debian.


I find the concept of the more extreme end of the range odd. What, 
there's only one end that's extreme? Personally, I suspect that both 
extremes are more common here compared to the general debian 
population, but I don't find it worth trying to measure just now.


--
MJR/slefMy Opinion Only and not of any group I know



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Matthew Garrett
Brian Thomas Sniffen [EMAIL PROTECTED] wrote:

 And I suspect the population of lisp maintainers who believe that the
 feature macros are a grave mistake or that the path-name standards are
 only still there because X3J13 insisted is greater than in the
 developer population at large.  That's because experts tend to have
 detailed opinions about their field of expertise.

You don't appear to be arguing against the idea that debian-legal is
extreme compared to the rest of the project.

-- 
Matthew Garrett | [EMAIL PROTECTED]



Measuring divergence, was: Suggestions of David Nusinow

2004-08-24 Thread MJ Ray
On 2004-08-24 14:10:42 +0100 Matthew Garrett 
[EMAIL PROTECTED] wrote:



The proportion of the population of debian-legal who believe that the
patch clause exemption in DFSG 4 is a grave mistake or that the GPL is
only free because of DFSG 10 seems greater than in the developer
population at large. That seems like a reasonable approximation of
extreme.


I see how you could measure this appearance: for example, by using the 
number of unique posters/developers making such statements compared to 
the total number of posters/developers; but I'm not sure of the 
technicalities of doing it. Can you post the methodology and results 
you used, please? It will be very useful for some other situations.


--
MJR/slefMy Opinion Only and not of any group I know
http://www.ttllp.co.uk/ for creative copyleft computing



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Brian Thomas Sniffen
Sven Luther [EMAIL PROTECTED] writes:

 On Mon, Aug 23, 2004 at 11:12:52PM +0200, Francesco Poli wrote:
 On Mon, 23 Aug 2004 09:34:00 +0200 Sven Luther wrote:
 
  Notice that in the ocaml case, it is well possible that the additional
  licences is more near the BSD, since it allows for third party to make
  modifications under a more permisive licence than the LGPL/QPL duo.
 
  So, would a wording where QPL 3b is modified to say that it may be
  relicenced under the QPL and under a more permisive licence be
  acceptable ?
 
 IMHO, it would not improve the modified-QPL freeness.

 Why not ? It would say : upstream can redistribute under the QPL and any other
 licence that is considered DFSG-Free, including the BSD licence.

 What do you find non-free in this ? 

It compels me to grant upstream a right which upstream will not grant
me.  If that were symmetric, I would not object to this under DFSG 3.

Depending on phrasing, I might still find it objectionable, but I'd
have to think long and hard about the differences between compelled
grant of license to recipients, compelled grant of license to a third
party, and compelled transmission of data.  The first is free, the
third is not, and the second... well, I'm really not sure.

 It however would really improve the ocaml freeness, if ocaml itself were
 dual-licensed under a 2-clause BSD license (or X11 or Expat or...)
 besides the QPL. In that case Debian could choose to distribute
 under the 2-clause BSD license (or X11 or...) and everyone could be
 happy...

 Notice that the situation is not exactly the same. I didn't say the ocaml
 would be dual licenced, but that upstream has the right to distribute your
 changes under some random free licence, including the 2-clause BSD one, to the
 people they chose to. Not necessarily the world at large though.

But of course those people could distribute it further, under their
permissive license, right?  Because if they can't, then it's not free.
So this would at least allow somebody to buy and fork Ocaml into a
free-Ocaml and a QPL'd Ocaml.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Brian Thomas Sniffen
Matthew Garrett [EMAIL PROTECTED] writes:

 Brian Thomas Sniffen [EMAIL PROTECTED] wrote:
 Matthew Garrett [EMAIL PROTECTED] writes:
 On the other hand, the current phrasing has weird corner cases. A
 hyopthetical license that said This code is under a BSD-style license.
 If you downloaded it via FTP, remove this license and attach the GNU GPL
 version 2 or higher probably /ought/ to be free, since there's never a
 situation where it's not at least the GPL. But DFSG 3 appears to prevent
 it. I don't think that's what it was intended to do, but the only person
 who knows is Bruce.
 
 But with that license, we can just jump through the hoops and
 distribute it under the GPL, which is free.  We can't take advantage
 of wacky privileges the author gives, but that's OK.

 Sigh. Yes. Postulate a similar license whose hoops we can't jump
 through. Should it be free? If not, why not?

I can't imagine such a thing that isn't very clearly free or very
clearly non-free for lots of other reasons.  Can you come up with an
example?  Many of the imagined licenses on this list seem to be
tricornered squares -- perhaps a sign that our terminology isn't good
enough (i.e., orthogonal) yet.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Sven Luther
On Tue, Aug 24, 2004 at 11:07:36AM -0400, Brian Thomas Sniffen wrote:
 Sven Luther [EMAIL PROTECTED] writes:
 
  On Mon, Aug 23, 2004 at 11:12:52PM +0200, Francesco Poli wrote:
  On Mon, 23 Aug 2004 09:34:00 +0200 Sven Luther wrote:
  
   Notice that in the ocaml case, it is well possible that the additional
   licences is more near the BSD, since it allows for third party to make
   modifications under a more permisive licence than the LGPL/QPL duo.
  
   So, would a wording where QPL 3b is modified to say that it may be
   relicenced under the QPL and under a more permisive licence be
   acceptable ?
  
  IMHO, it would not improve the modified-QPL freeness.
 
  Why not ? It would say : upstream can redistribute under the QPL and any 
  other
  licence that is considered DFSG-Free, including the BSD licence.
 
  What do you find non-free in this ? 
 
 It compels me to grant upstream a right which upstream will not grant
 me.  If that were symmetric, I would not object to this under DFSG 3.

Well, take the example of the BSD for example ? It is in no way symmetric.

 Depending on phrasing, I might still find it objectionable, but I'd
 have to think long and hard about the differences between compelled
 grant of license to recipients, compelled grant of license to a third
 party, and compelled transmission of data.  The first is free, the
 third is not, and the second... well, I'm really not sure.

Notice that nowhere in the QPL does it say that the original author can
compell the patch from you, he can only get it freely from either you if you
publicly distribute it, or from one of the chain of people you distribute it
too.

  It however would really improve the ocaml freeness, if ocaml itself were
  dual-licensed under a 2-clause BSD license (or X11 or Expat or...)
  besides the QPL. In that case Debian could choose to distribute
  under the 2-clause BSD license (or X11 or...) and everyone could be
  happy...
 
  Notice that the situation is not exactly the same. I didn't say the ocaml
  would be dual licenced, but that upstream has the right to distribute your
  changes under some random free licence, including the 2-clause BSD one, to 
  the
  people they chose to. Not necessarily the world at large though.
 
 But of course those people could distribute it further, under their
 permissive license, right?  Because if they can't, then it's not free.
 So this would at least allow somebody to buy and fork Ocaml into a
 free-Ocaml and a QPL'd Ocaml.

Indded. Now, this is no different than the pure BSD stuff, so if the BSD is
free, what is the difference with this one ? 

Friendly,

Sven Luther



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread David Nusinow
On Mon, Aug 23, 2004 at 03:12:51AM -0500, Branden Robinson wrote:
 I certainly agree.  The thrust of my comments was to make sure NMs
 understand that licensing issues are often difficult, and that if one isn't
 prepared to wrestle with them oneself, one needs to place more trust in
 one's peers who do.

This is an important point which I fully agree with (more below).

 I am dismayed and exasperated by the recent trend of bashing the
 debian-legal list collectively, particularly when it comes from people who
 don't participate in its discussions.  Maybe there is some sort of Real
 Hackers Don't Need Debian-Legal elitism going on; maybe it's just good
 old-fashioned fear of what one doesn't understand.

I get the feeling that the elitism as you call it is more related to the
above. Perhaps there is some feeling that understanding licensing issues isn't
difficult (which would be a misplaced feeling) but more importantly I think
that those who have placed their trust in their peers feel that their trust
might be violated. It's certaintly how I feel in some respects and it's how I
read many of the other critics of -legal, both past and present, as well. That
said, I think you're on to the solution by making sure people are aware that
these issues are difficult.

 At any rate, I'm not saying we need to make the PP process turn our NMs
 into legal experts.  I *am* saying we need to educate them that legal
 issues, even in Free Software, are sufficiently complex that expertise is
 actually required.  Armchair quarterbacking from a position of ignorance
 is antisocial and corrosive to our organization.

Agreed, and this approach would get rid of my reservations about simply
pointing NM's to -legal for everything. My worry there was that we would either
be turning prospective DD's in to robots or that we would be pointing them to
so-called experts who haven't studied the issues but are more than happy to
enforce their views on to others.

I'm trying to come up with an effective outline for good NM questions to
accomplish this. Here's what I've got so far, and I'd love more input,
especially in terms of actual licenses that people with more experience in this
area think are exemplary of the problems inherent in license analysis.

- Each question is based on some actual license. This license is meant to
  highlite one specific issue, either codified explicitly in the DFSG or to be
  inferred from it.

- Each question includes at least one link to the mailing list archive where
  the license was discussed, so that the NM can read what has been said about
  the license. The license should be picked so that the discussion isn't too
  long (the QPL would be a very bad choice, for example) and possibly with
  particularly good posts. If anyone remembers any very good posts that clearly
  explain and/or define a point, these would also potentially be noted in the
  question, or brought up by the AM after the question is answered.

- The questions should be a mix of both obviously non-free, obviously free, and
  less obviously in either camp. For the last category, it should be stressed
  by the AM at some point, either in the question or the answer, that the
  boundaries are not so clear cut and that these can be very difficult issues.

- I think around 4 to 7 licenses would be a good number to have. There were 4
  when I went through NM, and I have to look them over again (along with my
  answers) so I don't want to comment on them right now.

Anyhow, that's what little I've got so far. I'm hoping to attack this in a more
concrete manner, with actual licenses and writing after release.

 - David Nusinow



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread David Nusinow
On Tue, Aug 24, 2004 at 03:01:37PM +0100, Steve McIntyre wrote:
 Andrew Suffield writes:
 here. You don't have to be an attorney to understand the law, only to
 practice it.
 
 But it's a great help in terms of understanding the meanings of lots
 of the *legal* license terms that are bandied about. And how they
 might be applied in court, with precedent. And in this case
 professional training is much more important than in the others you
 named IMHO.

My only issue with this line of argument is that this is a volunteer project.
If we don't have volunteer lawyers to do this work for us, we make due with
what we've got, the same way we do everything else.

 - David Nusinow



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Sven Luther
On Tue, Aug 24, 2004 at 11:48:13AM -0400, Brian Thomas Sniffen wrote:
 Sven Luther [EMAIL PROTECTED] writes:
 
   Why not ? It would say : upstream can redistribute under the QPL and any 
   other
   licence that is considered DFSG-Free, including the BSD licence.
  
   What do you find non-free in this ? 
  
  It compels me to grant upstream a right which upstream will not grant
  me.  If that were symmetric, I would not object to this under DFSG 3.
 
  Well, take the example of the BSD for example ? It is in no way symmetric.
 
 Indeed, the BSD is no not symmetric.  It is more permissive than a copyleft.
 *Compelling* the grant of a BSD license to others is less permissive
 than a symmetric license: I have to give up more than I get.
 
  Depending on phrasing, I might still find it objectionable, but I'd
  have to think long and hard about the differences between compelled
  grant of license to recipients, compelled grant of license to a third
  party, and compelled transmission of data.  The first is free, the
  third is not, and the second... well, I'm really not sure.
 
  Notice that nowhere in the QPL does it say that the original author can
  compell the patch from you, he can only get it freely from either you if you
  publicly distribute it, or from one of the chain of people you distribute it
  too.
 
 You mean other than QPL 6, right?

Well, QPL6c was removed, right ? And QPL clause 6 and QPL clause 3 and 4 apply
to different cases of software, as we previously discussed.

 Yes, the OCaml license I've last seen has no compelled transmission of
 data, since it overrides QPL 6.  I just provided those three examples
 -- copyleft, compelled asymmetric licensing, and compelled
 transmission -- as examples of a range with one end certainly free and
 one end certainly non-free.

Ok.

   It however would really improve the ocaml freeness, if ocaml itself were
   dual-licensed under a 2-clause BSD license (or X11 or Expat or...)
   besides the QPL. In that case Debian could choose to distribute
   under the 2-clause BSD license (or X11 or...) and everyone could be
   happy...
  
   Notice that the situation is not exactly the same. I didn't say the ocaml
   would be dual licenced, but that upstream has the right to distribute 
   your
   changes under some random free licence, including the 2-clause BSD one, 
   to the
   people they chose to. Not necessarily the world at large though.
  
  But of course those people could distribute it further, under their
  permissive license, right?  Because if they can't, then it's not free.
  So this would at least allow somebody to buy and fork Ocaml into a
  free-Ocaml and a QPL'd Ocaml.
 
  Indded. Now, this is no different than the pure BSD stuff, so if the BSD is
  free, what is the difference with this one ? 
 
 This is quite different from pure BSD stuff.  If X gives Y code under
 the BSD license, Y can modify it and do as he pleases, including
 giving it and a copy of the license to Z.  If A gives B code under
 this QPL' you mention, B must give A a license to distribute B's code
 under the QPL, and under some other free license.

Yep, he has the licence, but beforehe can distribute it, he has to get hold of
it. In the pure BSD case, or dual QPL/BSD case , if he gets hold of a BSDish
version, he can do exactly the same thing as with the current QPL.

 But if A then gives C a license to A's code plus B's code under the
 BSD license, C has freedom with respect to the code and could freely
 contribute it to Debian.
 
 If we got the Caml code that way, that would be great.

Indeed, but this i snot going to happen. I also would 100x prefer a GPLed
ocaml over a BSSDish one though.
o

Friendly,

Sven Luther



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Brian Thomas Sniffen
Sven Luther [EMAIL PROTECTED] writes:

  Why not ? It would say : upstream can redistribute under the QPL and any 
  other
  licence that is considered DFSG-Free, including the BSD licence.
 
  What do you find non-free in this ? 
 
 It compels me to grant upstream a right which upstream will not grant
 me.  If that were symmetric, I would not object to this under DFSG 3.

 Well, take the example of the BSD for example ? It is in no way symmetric.

Indeed, the BSD is no not symmetric.  It is more permissive than a copyleft.
*Compelling* the grant of a BSD license to others is less permissive
than a symmetric license: I have to give up more than I get.

 Depending on phrasing, I might still find it objectionable, but I'd
 have to think long and hard about the differences between compelled
 grant of license to recipients, compelled grant of license to a third
 party, and compelled transmission of data.  The first is free, the
 third is not, and the second... well, I'm really not sure.

 Notice that nowhere in the QPL does it say that the original author can
 compell the patch from you, he can only get it freely from either you if you
 publicly distribute it, or from one of the chain of people you distribute it
 too.

You mean other than QPL 6, right?

Yes, the OCaml license I've last seen has no compelled transmission of
data, since it overrides QPL 6.  I just provided those three examples
-- copyleft, compelled asymmetric licensing, and compelled
transmission -- as examples of a range with one end certainly free and
one end certainly non-free.

  It however would really improve the ocaml freeness, if ocaml itself were
  dual-licensed under a 2-clause BSD license (or X11 or Expat or...)
  besides the QPL. In that case Debian could choose to distribute
  under the 2-clause BSD license (or X11 or...) and everyone could be
  happy...
 
  Notice that the situation is not exactly the same. I didn't say the ocaml
  would be dual licenced, but that upstream has the right to distribute your
  changes under some random free licence, including the 2-clause BSD one, to 
  the
  people they chose to. Not necessarily the world at large though.
 
 But of course those people could distribute it further, under their
 permissive license, right?  Because if they can't, then it's not free.
 So this would at least allow somebody to buy and fork Ocaml into a
 free-Ocaml and a QPL'd Ocaml.

 Indded. Now, this is no different than the pure BSD stuff, so if the BSD is
 free, what is the difference with this one ? 

This is quite different from pure BSD stuff.  If X gives Y code under
the BSD license, Y can modify it and do as he pleases, including
giving it and a copy of the license to Z.  If A gives B code under
this QPL' you mention, B must give A a license to distribute B's code
under the QPL, and under some other free license.

But if A then gives C a license to A's code plus B's code under the
BSD license, C has freedom with respect to the code and could freely
contribute it to Debian.

If we got the Caml code that way, that would be great.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Andrew Suffield
On Tue, Aug 24, 2004 at 03:01:37PM +0100, Steve McIntyre wrote:
 Andrew Suffield writes:
 On Mon, Aug 23, 2004 at 01:16:06PM -0700, [EMAIL PROTECTED] wrote:
  The debian-legal mailing list is often bashed because it repreresents
  an extreme point of view relative to Debian proper.
 
 Being interested in licensing issues is extreme? That's quite a
 strange thing to claim.
 
 And it's not what he's claiming at all, as you well know. debian-legal
 currently includes a large number of people who are on the more
 extreme end of the range of licensing opinions expressed within
 Debian.

Irrelevant. debian-legal represents only the group who are interested
in licensing issues.

Obviously that will include extreme ends, because anybody who is not
interested by definition cannot be such a person - if they exist
anywhere, they will do so here. That's a stunningly useless
observation.

Classifying an entire group as being equivalent to the person in that
group who you personally find most objectionable - well, that's just
dumb.

 But it's a great help in terms of understanding the meanings of lots
 of the *legal* license terms that are bandied about. And how they
 might be applied in court, with precedent. And in this case
 professional training is much more important than in the others you
 named IMHO.

I see absolutely no justification for that opinion. It seems equally
valid for all the other cases.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'  |
   `- --  |


signature.asc
Description: Digital signature


Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Brian Thomas Sniffen
Sven Luther [EMAIL PROTECTED] writes:

  Notice that nowhere in the QPL does it say that the original author can
  compell the patch from you, he can only get it freely from either you if 
  you
  publicly distribute it, or from one of the chain of people you distribute 
  it
  too.
 
 You mean other than QPL 6, right?

 Well, QPL6c was removed, right ? And QPL clause 6 and QPL clause 3 and 4 apply
 to different cases of software, as we previously discussed.

QPL 6c ws not removed.  It's overridden for the specific case of
Ocaml, but that doesn't help the other QPL-licensed software in
Debian.  I don't think there's much, but it's all important to somebody.

 BSD license, C has freedom with respect to the code and could freely
 contribute it to Debian.
 
 If we got the Caml code that way, that would be great.

 Indeed, but this is not going to happen. I also would 100x prefer a GPLed
 ocaml over a BSSDish one though.

It's hard to call the GPL a more free license than the QPL -- even if
the QPL is called non-free for the sake of argument.  They provide
different freedoms under different conditions.  Licenses are only a
partially ordered set.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: Measuring divergence, was: Suggestions of David Nusinow

2004-08-24 Thread Matthew Garrett
MJ Ray [EMAIL PROTECTED] wrote:

 I see how you could measure this appearance: for example, by using the 
 number of unique posters/developers making such statements compared to 
 the total number of posters/developers; but I'm not sure of the 
 technicalities of doing it. Can you post the methodology and results 
 you used, please? It will be very useful for some other situations.

It's an impression. Hence seems rather than is.

-- 
Matthew Garrett | [EMAIL PROTECTED]



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Sven Luther
On Tue, Aug 24, 2004 at 12:13:31PM -0400, Brian Thomas Sniffen wrote:
 Sven Luther [EMAIL PROTECTED] writes:
 
   Notice that nowhere in the QPL does it say that the original author can
   compell the patch from you, he can only get it freely from either you if 
   you
   publicly distribute it, or from one of the chain of people you 
   distribute it
   too.
  
  You mean other than QPL 6, right?
 
  Well, QPL6c was removed, right ? And QPL clause 6 and QPL clause 3 and 4 
  apply
  to different cases of software, as we previously discussed.
 
 QPL 6c ws not removed.  It's overridden for the specific case of
 Ocaml, but that doesn't help the other QPL-licensed software in
 Debian.  I don't think there's much, but it's all important to somebody.

Then don't speak about it in the new ocaml licence thread.

  BSD license, C has freedom with respect to the code and could freely
  contribute it to Debian.
  
  If we got the Caml code that way, that would be great.
 
  Indeed, but this is not going to happen. I also would 100x prefer a GPLed
  ocaml over a BSSDish one though.
 
 It's hard to call the GPL a more free license than the QPL -- even if
 the QPL is called non-free for the sake of argument.  They provide
 different freedoms under different conditions.  Licenses are only a
 partially ordered set.

Indeed. i was just expressing my personal preference.

Friendly,

Sven Luther



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Raul Miller
  What do you find non-free in this ? 

On Tue, Aug 24, 2004 at 11:07:36AM -0400, Brian Thomas Sniffen wrote:
 It compels me to grant upstream a right which upstream will not grant
 me.  If that were symmetric, I would not object to this under DFSG 3.

Same condition exists with the GPL.  [The GPL can be replaced by later
versions from upstream.]

Then again, I understand that some people object to the GPL, too.

-- 
Raul



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Brian Thomas Sniffen
Sven Luther [EMAIL PROTECTED] writes:

 On Tue, Aug 24, 2004 at 12:13:31PM -0400, Brian Thomas Sniffen wrote:
 Sven Luther [EMAIL PROTECTED] writes:
 
   Notice that nowhere in the QPL does it say that the original author can
   compell the patch from you, he can only get it freely from either you 
   if you
   publicly distribute it, or from one of the chain of people you 
   distribute it
   too.
  
  You mean other than QPL 6, right?
 
  Well, QPL6c was removed, right ? And QPL clause 6 and QPL clause 3 and 4 
  apply
  to different cases of software, as we previously discussed.
 
 QPL 6c ws not removed.  It's overridden for the specific case of
 Ocaml, but that doesn't help the other QPL-licensed software in
 Debian.  I don't think there's much, but it's all important to somebody.

 Then don't speak about it in the new ocaml licence thread.

Sven, you're the one who said the QPL had nothing about compelled
transmission of source.  That's not true.  The newest Ocaml license has
nothing about that, but the Ocaml license is not the QPL.  It's very different.

  BSD license, C has freedom with respect to the code and could freely
  contribute it to Debian.
  
  If we got the Caml code that way, that would be great.
 
  Indeed, but this is not going to happen. I also would 100x prefer a GPLed
  ocaml over a BSSDish one though.
 
 It's hard to call the GPL a more free license than the QPL -- even if
 the QPL is called non-free for the sake of argument.  They provide
 different freedoms under different conditions.  Licenses are only a
 partially ordered set.

 Indeed. i was just expressing my personal preference.

I understand, and even agree.  But I was referring to your proposed
QPL or any more free license -- and the GPL probably wouldn't
qualify.  I can't see INRIA going for a QPL/GPL split either, sadly.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Sven Luther
On Tue, Aug 24, 2004 at 12:30:31PM -0400, Brian Thomas Sniffen wrote:
 Sven Luther [EMAIL PROTECTED] writes:
 
  On Tue, Aug 24, 2004 at 12:13:31PM -0400, Brian Thomas Sniffen wrote:
  Sven Luther [EMAIL PROTECTED] writes:
  
Notice that nowhere in the QPL does it say that the original author 
can
compell the patch from you, he can only get it freely from either you 
if you
publicly distribute it, or from one of the chain of people you 
distribute it
too.
   
   You mean other than QPL 6, right?
  
   Well, QPL6c was removed, right ? And QPL clause 6 and QPL clause 3 and 4 
   apply
   to different cases of software, as we previously discussed.
  
  QPL 6c ws not removed.  It's overridden for the specific case of
  Ocaml, but that doesn't help the other QPL-licensed software in
  Debian.  I don't think there's much, but it's all important to somebody.
 
  Then don't speak about it in the new ocaml licence thread.
 
 Sven, you're the one who said the QPL had nothing about compelled
 transmission of source.  That's not true.  The newest Ocaml license has
 nothing about that, but the Ocaml license is not the QPL.  It's very 
 different.

Sure, and i apologize for that.

   BSD license, C has freedom with respect to the code and could freely
   contribute it to Debian.
   
   If we got the Caml code that way, that would be great.
  
   Indeed, but this is not going to happen. I also would 100x prefer a GPLed
   ocaml over a BSSDish one though.
  
  It's hard to call the GPL a more free license than the QPL -- even if
  the QPL is called non-free for the sake of argument.  They provide
  different freedoms under different conditions.  Licenses are only a
  partially ordered set.
 
  Indeed. i was just expressing my personal preference.
 
 I understand, and even agree.  But I was referring to your proposed
 QPL or any more free license -- and the GPL probably wouldn't
 qualify.  I can't see INRIA going for a QPL/GPL split either, sadly.

Ok, what about QPL or DFSG-free licence ? 

Friendly,

Sven Luther



Re: New MySQL Free/Libre and Open Source Software (FLOSS) Exception licence.... (re #242449)

2004-08-24 Thread Francesco P. Lovergine
On Tue, Aug 10, 2004 at 12:55:05AM +0200, Christian Hammers wrote:
 
 MySQL addressed this issue now by making yet another version of their FLOSS
 Exception license public which should resolve all problems.
 

About the new issue, it could be of interest to understand if OpenSSL
license can be considered as covered by this FLOSS Exception (1).
Can it be considered so on the basis of Open Source Definitioni v 1.9? (2)

http://www.mysql.com/products/licensing/foss-exception.html (1)
http://www.opensource.org/docs/definition.php (2)



-- 
Francesco P. Lovergine



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Brian Nelson
On Tue, Aug 24, 2004 at 10:09:02AM +0100, MJ Ray wrote:
 On 2004-08-24 04:08:34 +0100 Brian Nelson [EMAIL PROTECTED] wrote:
 
 [...] I accept *all* answers, even
 
 Really? *all*? So, what is the value of having these questions in the 
 NM process?

As I said, to ensure the applicants understand the issues involved. 

-- 
You win again, gravity!



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Brian Thomas Sniffen
Matthew Garrett [EMAIL PROTECTED] writes:

 Brian Thomas Sniffen [EMAIL PROTECTED] wrote:

 And I suspect the population of lisp maintainers who believe that the
 feature macros are a grave mistake or that the path-name standards are
 only still there because X3J13 insisted is greater than in the
 developer population at large.  That's because experts tend to have
 detailed opinions about their field of expertise.

 You don't appear to be arguing against the idea that debian-legal is
 extreme compared to the rest of the project.

I'm arguing that what you perceive as extremism is simply the presence
of knowledge -- sure, the debian-legal regulars have opinions about
licenses.  The X Strike Force probably has opinions about windowing
systems and weird architectures.  That doesn't make XSF or D-L
extremists, though.  To characterize anyone with knowledge and the
reasoned opinions that spring from it as an extremist is unwise; to
dismiss them because of this extremism is to restrict yourself to the
opinions of the unwise.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Brian Nelson
On Tue, Aug 24, 2004 at 01:41:07PM +0100, Andrew Suffield wrote:
 On Mon, Aug 23, 2004 at 08:08:34PM -0700, Brian Nelson wrote:
   Actually, looking at nm_pp.txt, it's not really clear to me what 
   answers to 5a and 6 would be accepted, given the expressed views of 
   some DDs. Anyway, we probably need some questions about the more 
   interesting things like patent termination clauses or 
   copyright-enforced trademarks (debian logo?), as they are pretty 
   common problems. I'll have to let some of the gurus give good examples 
   to start, but I'll help if I can.
  
  I find it appalling that believe you think that some answers to 5a and 6
  should not be accepted.  Do you think Debian is some elite club where
  only certain opinions should be accepted?
 
 Yes. That's the whole point of the NM process. If this were not true
 then it would be unnecessary.

I thought the point was to find technically competent people to
contribute to Debian.


 The following is an example of an unacceptable opinion for a Debian
 applicant:
 
  5a. The GNU Free Documentaion License (FDL) has been heavily
  discussed on debian-legal recently. Read
  http://people.debian.org/~srivasta/Position_Statement.html and
  briefly explain how you feel about the including documents licensed
  under the FDL in main and what consequences of this position might
  be for Debian.
 
 Debian should ignore licenses and include everything in main.

That's a poor answer because the applicant clearly doesn't understand
the issues involved.  Debian of course cannot legally do that.

That said, I fully agree with that opinion.  Dealing with licenses is
cumbersome, time consuming, and largely a waste of time.  If it were up
to me, there would be no licenses and copyrights.  Everything would just
be free.  Does that mean I don't belong in Debian, simply because I have
little desire to scrutinize licenses?

-- 
You win again, gravity!



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Brian Thomas Sniffen
Richard Braakman [EMAIL PROTECTED] writes:

 On Sat, Aug 21, 2004 at 01:29:51PM -0400, Brian Thomas Sniffen wrote:
 Richard Braakman [EMAIL PROTECTED] writes:
  On Thu, Aug 19, 2004 at 02:09:52PM -0400, Brian Thomas Sniffen wrote:
  * I can't fork the code, even distributing as patches.  There's no way
for me to make XEmacs, which is FSF Emacs + code by people who won't
transfer copyright to the FSF.
 
  This part I find particularly interesting, because I see the freedom
  to fork as fundamental.  I don't understand your reasoning, though.
  Can you explain what would go wrong if I tried to create an XOcaml?
 
 INRIA downloads it and incorporates the neat features into the
 proprietary version, which they sell to others.

 How does that stop you from forking the code?

 Are we using different meanings of fork, perhaps?  If I fork a project,
 I don't mind if the original maintainers then give up their branch and
 use mine.  In fact, it validates my decision.

So you make your fork.  INRIA downloads it, sells it to Bob.  Bob
makes some changes of his own, and sells it back to you.

You own a copyright on some of the stuff Bob is selling you -- if
he's following the law, then you *already* have the right to modify
that.  But you can't take those features and step into INRIA's role.

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: Measuring divergence, was: Suggestions of David Nusinow

2004-08-24 Thread MJ Ray
On 2004-08-24 16:22:49 +0100 Matthew Garrett 
[EMAIL PROTECTED] wrote:



MJ Ray [EMAIL PROTECTED] wrote:

I see how you could measure this appearance:
[...] Can you post the methodology and results you used, please? It 
will be very useful for some other situations.

It's an impression. Hence seems rather than is.


Oh, I thought you were making a claim about the appearance. Would you 
mind writing seems to me or something else that makes it clearer 
that you are just giving your impression rather than stating a 
finding, please?


It's a shame: it really would be useful to have a good inexpensive way 
to measure this sort of public face. :-(


--
MJR/slefMy Opinion Only and not of any group I know
http://www.ttllp.co.uk/ for creative copyleft computing



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread MJ Ray

On 2004-08-24 17:55:43 +0100 Brian Nelson [EMAIL PROTECTED] wrote:


On Tue, Aug 24, 2004 at 10:09:02AM +0100, MJ Ray wrote:
Really? *all*? So, what is the value of having these questions in 
the NM 
process?

As I said, to ensure the applicants understand the issues involved.


If *all* answers are accepted, even ones like Andrew Suffield's 
example, I don't see how it does that.


I thought the NM process should make sure people were generally 
competent, not just technically? Do we need to review the process as 
well as the licensing questions? :-/


--
MJR/slefMy Opinion Only and not of any group I know
http://www.ttllp.co.uk/ for creative copyleft computing



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Brian Nelson
On Tue, Aug 24, 2004 at 06:18:56PM +0100, Andrew Suffield wrote:
 On Tue, Aug 24, 2004 at 10:06:39AM -0700, Brian Nelson wrote:
  On Tue, Aug 24, 2004 at 01:41:07PM +0100, Andrew Suffield wrote:
   The following is an example of an unacceptable opinion for a Debian
   applicant:
   
5a. The GNU Free Documentaion License (FDL) has been heavily
discussed on debian-legal recently. Read
http://people.debian.org/~srivasta/Position_Statement.html and
briefly explain how you feel about the including documents licensed
under the FDL in main and what consequences of this position might
be for Debian.
   
   Debian should ignore licenses and include everything in main.
  
  That's a poor answer because the applicant clearly doesn't understand
  the issues involved.  Debian of course cannot legally do that.
  
  That said, I fully agree with that opinion.  Dealing with licenses is
  cumbersome, time consuming, and largely a waste of time.  If it were up
  to me, there would be no licenses and copyrights.  Everything would just
  be free.  Does that mean I don't belong in Debian, simply because I have
  little desire to scrutinize licenses?
 
 There's a difference between a vague preference, and an opinion that
 we should actually do it. Note that this one also implies the DFSG
 should be scrapped.

OK, but the applicant also has to agree to abide by the SC as part of
the NM process.  As long as the applicant agrees to the SC and
understands the (difficult) process to change the SC or DFSG, I don't
see why we should discriminate against any particular opinion.

-- 
You win again, gravity!



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Steve McIntyre
Andrew Suffield writes:
On Tue, Aug 24, 2004 at 03:01:37PM +0100, Steve McIntyre wrote:
 
 And it's not what he's claiming at all, as you well know. debian-legal
 currently includes a large number of people who are on the more
 extreme end of the range of licensing opinions expressed within
 Debian.

Irrelevant. debian-legal represents only the group who are interested
in licensing issues.

Obviously that will include extreme ends, because anybody who is not
interested by definition cannot be such a person - if they exist
anywhere, they will do so here. That's a stunningly useless
observation.

Thanks. Written in your typical patronising fashion, of course. That's
half the reason why a lot of people don't/won't take part in
discussions here. But of course you'll find some clever retort to that
point too, I'm sure.

Membership (and, more importantly, participation) in a mailing list
does not just depend on interest. It also depends on the amount of
time and effort that people have available to devote to the
discussions. Start filling their inboxes with fruitless discussions
and only the most interested, most committed people with the most time
to spend will remain. As Debian people already tend to have extreme
views in terms of software licensing, that means we only end up with
the most extreme of the extreme views represented here. People with
strong opinions out at the other end of the arguments will generally
not have got this far. So we end up with arguments between the middle
and one extreme. That's where we are today.

Classifying an entire group as being equivalent to the person in that
group who you personally find most objectionable - well, that's just
dumb.

Not when the group is dominated by the objectionable people...

 But it's a great help in terms of understanding the meanings of lots
 of the *legal* license terms that are bandied about. And how they
 might be applied in court, with precedent. And in this case
 professional training is much more important than in the others you
 named IMHO.

I see absolutely no justification for that opinion. It seems equally
valid for all the other cases.

In the other cases precedent and precise meaning are not so
important. If we make a programming mistake, we have a bug. It can get
fixed. If we make a mistake in terms of helping an AM, we can
apologise and try again. In legal terms, we can get sued if we make
mistakes.

-- 
Steve McIntyre, Cambridge, UK.[EMAIL PROTECTED]
There's no sensation to compare with this
Suspended animation, A state of bliss



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Brian Thomas Sniffen
Glenn Maynard [EMAIL PROTECTED] writes:

 On Sun, Aug 22, 2004 at 09:02:47PM +0200, Francesco Poli wrote:
 I felt that while the initial developer is bound to release the same
 version under the QPL also, he/she is allowed to give to others
 permission to modify the differently licensed version with no must be
 additionally available under the terms of the QPL restriction.

 He doesn't have that permission himself.  How can he possibly give it to
 others?  If he can't release just under the GPL, how can he allow me to?

Because there are three works in question: the original work A, and
your patch to it P(A).  Then there's the version the initial developer
releases, B=A+P(A).  He releases that to his dog under the QPL, so it's
available, and sells it to me under the GPL.  I don't see the separate
patch, I just see this as work B.  I make some further changes to this
and release to the world under the GPL as work C.

The future version of the software containing the work *you*
contributed is still available to the world under the QPL.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Matthew Garrett
Brian Thomas Sniffen [EMAIL PROTECTED] wrote:
 Matthew Garrett [EMAIL PROTECTED] writes:
 You don't appear to be arguing against the idea that debian-legal is
 extreme compared to the rest of the project.
 
 I'm arguing that what you perceive as extremism is simply the presence
 of knowledge -- sure, the debian-legal regulars have opinions about
 licenses.  The X Strike Force probably has opinions about windowing
 systems and weird architectures.  That doesn't make XSF or D-L
 extremists, though.  To characterize anyone with knowledge and the
 reasoned opinions that spring from it as an extremist is unwise; to
 dismiss them because of this extremism is to restrict yourself to the
 opinions of the unwise.

So you believe that if we taught all developers about intricate
licensing issues, the number who would be of the opinion that DFSG 4 is
a mistake and that the GPL is only free because of DFSG 10 would
increase significantly?

I don't wish to characterise people with knowledge and reasoned opinions
as extremists. I do wish to characterise people who believe that several
things that Debian accepts as free should be non-free as extremists. If
there is overlap between the two, that doesn't mean that I'm calling
them extremists because of their knowledge.
-- 
Matthew Garrett | [EMAIL PROTECTED]



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Andrew Suffield
On Tue, Aug 24, 2004 at 06:21:17PM +0100, Matthew Garrett wrote:
 Brian Thomas Sniffen [EMAIL PROTECTED] wrote:
  Matthew Garrett [EMAIL PROTECTED] writes:
  You don't appear to be arguing against the idea that debian-legal is
  extreme compared to the rest of the project.
  
  I'm arguing that what you perceive as extremism is simply the presence
  of knowledge -- sure, the debian-legal regulars have opinions about
  licenses.  The X Strike Force probably has opinions about windowing
  systems and weird architectures.  That doesn't make XSF or D-L
  extremists, though.  To characterize anyone with knowledge and the
  reasoned opinions that spring from it as an extremist is unwise; to
  dismiss them because of this extremism is to restrict yourself to the
  opinions of the unwise.
 
 So you believe that if we taught all developers about intricate
 licensing issues, the number who would be of the opinion that DFSG 4 is
 a mistake and that the GPL is only free because of DFSG 10 would
 increase significantly?

I don't believe this are particularly common viewpoints within -legal,
so...

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'  |
   `- --  |


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Description: Digital signature


Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Brian Thomas Sniffen
Matthew Garrett [EMAIL PROTECTED] writes:

 Brian Thomas Sniffen [EMAIL PROTECTED] wrote:
 Matthew Garrett [EMAIL PROTECTED] writes:
 You don't appear to be arguing against the idea that debian-legal is
 extreme compared to the rest of the project.
 
 I'm arguing that what you perceive as extremism is simply the presence
 of knowledge -- sure, the debian-legal regulars have opinions about
 licenses.  The X Strike Force probably has opinions about windowing
 systems and weird architectures.  That doesn't make XSF or D-L
 extremists, though.  To characterize anyone with knowledge and the
 reasoned opinions that spring from it as an extremist is unwise; to
 dismiss them because of this extremism is to restrict yourself to the
 opinions of the unwise.

 So you believe that if we taught all developers about intricate
 licensing issues, the number who would be of the opinion that DFSG 4 is
 a mistake and that the GPL is only free because of DFSG 10 would
 increase significantly?

Probably, though I think that, taken proportionally, you'd see a much
larger increase in the former than the latter.  That may be because
I think that DFSG 4 doesn't allow surprising modifications, which are
fundamental to freedom.

 I don't wish to characterise people with knowledge and reasoned opinions
 as extremists. I do wish to characterise people who believe that several
 things that Debian accepts as free should be non-free as extremists. If
 there is overlap between the two, that doesn't mean that I'm calling
 them extremists because of their knowledge.

Debian accepts several pieces of QPL'd software as free.  I don't
think the QPL is a free software license.  Does that fact alone make
me an extremist?

Is anyone with a position on the GFDL an extremist, then, or just the
losers?  That really could have gone either way.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Andrew Suffield
On Tue, Aug 24, 2004 at 11:08:17AM -0700, Brian Nelson wrote:
 On Tue, Aug 24, 2004 at 06:44:25PM +0100, MJ Ray wrote:
  On 2004-08-24 17:55:43 +0100 Brian Nelson [EMAIL PROTECTED] wrote:
  
  On Tue, Aug 24, 2004 at 10:09:02AM +0100, MJ Ray wrote:
  Really? *all*? So, what is the value of having these questions in 
  the NM 
  process?
  As I said, to ensure the applicants understand the issues involved.
  
  If *all* answers are accepted, even ones like Andrew Suffield's 
  example, I don't see how it does that.
 
 That's what followup questions are for.  Followup questions are pretty
 much always necessary for 5a and 6, since most applicants won't give
 detailed answers without prodding.

Since we're talking in hypotheticals here, feel free to assume that
after much prodding all you got was a wordier form of the same
thing. It's not particularly unlikely; there is no position so stupid
that you cannot find a person who holds it.

 Other than that, it's up to the AM to judge social competence or
 whatever, based on the applicant's participation on the mailing lists,
 etc.  Debian does not place much importance on social competence in
 general (not just in NM) though, as you've probably noticed...

Don't confuse competence with conformance. One is a measure of whether
you agree with somebody; the other is a measure of whether you can
work with them *despite* not agreeing with them. AMs tend to be lousy
at this though, so it's one of those things which falls to the DAM
(compare the number of applicants rejected by their AM for being a
fuckwit to the number rejected by the DAM for being a fuckwit).

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'  |
   `- --  |


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Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Andrew Suffield
On Tue, Aug 24, 2004 at 05:56:54PM +0100, Steve McIntyre wrote:
 Andrew Suffield writes:
 On Tue, Aug 24, 2004 at 03:01:37PM +0100, Steve McIntyre wrote:
  
  And it's not what he's claiming at all, as you well know. debian-legal
  currently includes a large number of people who are on the more
  extreme end of the range of licensing opinions expressed within
  Debian.
 
 Irrelevant. debian-legal represents only the group who are interested
 in licensing issues.
 
 Obviously that will include extreme ends, because anybody who is not
 interested by definition cannot be such a person - if they exist
 anywhere, they will do so here. That's a stunningly useless
 observation.
 
 Thanks. Written in your typical patronising fashion, of course. That's
 half the reason why a lot of people don't/won't take part in
 discussions here.

Unsubstiantiated assertion. Also unlikely, and a cheap attempt at
dismissing a point without answering it, and an inexplicable use of
patronising; I suggest you consult a dictionary. I'm not sure what
you think it means, but it makes no sense here.

[Out of order to save repeating myself]
 Classifying an entire group as being equivalent to the person in that
 group who you personally find most objectionable - well, that's just
 dumb.
 
 Not when the group is dominated by the objectionable people...

And again.

 Membership (and, more importantly, participation) in a mailing list
 does not just depend on interest. It also depends on the amount of
 time and effort that people have available to devote to the
 discussions. Start filling their inboxes with fruitless discussions
 and only the most interested, most committed people with the most time
 to spend will remain. As Debian people already tend to have extreme
 views in terms of software licensing, that means we only end up with
 the most extreme of the extreme views represented here. People with
 strong opinions out at the other end of the arguments will generally
 not have got this far. So we end up with arguments between the middle
 and one extreme. That's where we are today.

I see no connection between this paragraph and the real world. Most of
the people on -legal who participate in the important stuff are also
critically short of time and tend to skip over useless threads. Most
of the useless threads are the responsibility of outsiders who just
won't listen, and who would rather argue a point than do anything
about it (even when action is easier than arguing about it). So if we
assume the rest of your argument holds true, the most you can say
about that is that they're a (perhaps unintentional) effort to
sabotage the work of -legal.

Extreme views here is a meaningless term and an tasteless attempt at
demagoguery. I've tolerated it this far, but enough is enough; please
grow some manners. The validity of a viewpoint is not determined by
how close it comes to some end of an arbitrary scale.

I haven't seen any arguments between arbitrary middle and extreme
points on the scale in a long time, either. So I don't know where you
are today, but it's not here.

  But it's a great help in terms of understanding the meanings of lots
  of the *legal* license terms that are bandied about. And how they
  might be applied in court, with precedent. And in this case
  professional training is much more important than in the others you
  named IMHO.
 
 I see absolutely no justification for that opinion. It seems equally
 valid for all the other cases.
 
 In the other cases precedent and precise meaning are not so
 important. If we make a programming mistake, we have a bug. It can get
 fixed. If we make a mistake in terms of helping an AM, we can
 apologise and try again. In legal terms, we can get sued if we make
 mistakes.

Why do you *think* we always tend towards the paranoid viewpoint? You
seem to be arguing at cross-purposes with yourself now; the objection
is that we classify too much as non-free or non-distributable, and yet
you argue that our approach is invalid because we might accept
something as free that we *shouldn't*?

If you can hire us a lawyer (and thereby invoke the defense that if
their advice is bad, it's their fault and not ours), it's possible
that we can sail a little closer and accept some things we've
previously rejected. Absent that, you have just given the reason why
we *must* reject things that we are not certain about.

If we didn't have -legal, we would have to reject every new license
for fear of being sued. As it stands, we can accept some of
them. Complaining that there exists a possibility that we reject some
things we shouldn't is neither relevant nor useful.

And that's not even on the map for the cases that people bitch and
moan about the most - these are the cases where the license is clear
but not DFSG-free. Lawyers cannot help there.


So, correcting your statement in light of all this: In legal terms, if
we make a mistake we can always include the package at a later
date. Again, there appears to be no 

Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Raul Miller
On Tue, Aug 24, 2004 at 02:19:32PM -0400, Brian Thomas Sniffen wrote:
 Please cite relevant text from the GPL.

Section 9.

 I don't see anything like that.
 All I see is a common license from authors that software is available
 under the GNU GPL, version 2 or any later version, at the discretion
 of the *recipient*.

I suppose you could claim that a loophole exists here, if the FSF never
receives a copy of your changes.  But that doesn't have any impact on
other cases.

-- 
Raul



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Matthew Garrett
On Tue, Aug 24, 2004 at 03:43:01PM -0400, Brian Thomas Sniffen wrote:
 Matthew Garrett [EMAIL PROTECTED] writes:
 
  So you believe that if we taught all developers about intricate
  licensing issues, the number who would be of the opinion that DFSG 4 is
  a mistake and that the GPL is only free because of DFSG 10 would
  increase significantly?
 
 Probably, though I think that, taken proportionally, you'd see a much
 larger increase in the former than the latter.  That may be because
 I think that DFSG 4 doesn't allow surprising modifications, which are
 fundamental to freedom.

�surprising modifications?

  I don't wish to characterise people with knowledge and reasoned opinions
  as extremists. I do wish to characterise people who believe that several
  things that Debian accepts as free should be non-free as extremists. If
  there is overlap between the two, that doesn't mean that I'm calling
  them extremists because of their knowledge.
 
 Debian accepts several pieces of QPL'd software as free.  I don't
 think the QPL is a free software license.  Does that fact alone make
 me an extremist?

There remains some amount of debate about whether the QPL is a free 
software license. I don't think disagreement over individual licenses is 
in itself a sign of extremism - I think the QPL is probably free, but 
close to the line.

 Is anyone with a position on the GFDL an extremist, then, or just the
 losers?  That really could have gone either way.

If it could have gone either way, that suggests that the losers aren't
extremists. I think people who disagree with the DFSG (in either
direction) are probably extremists - there's enough room for different
interpretations and beliefs without actually having to disagree that
active disagreement suggests that your opinions are fairly extreme.

-- 
Matthew Garrett | [EMAIL PROTECTED]



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Glenn Maynard
On Tue, Aug 24, 2004 at 02:39:47PM -0400, Brian Thomas Sniffen wrote:
 Because there are three works in question: the original work A, and
 your patch to it P(A).  Then there's the version the initial developer
 releases, B=A+P(A).  He releases that to his dog under the QPL, so it's
 available, and sells it to me under the GPL.  I don't see the separate
 patch, I just see this as work B.  I make some further changes to this
 and release to the world under the GPL as work C.
 
 The future version of the software containing the work *you*
 contributed is still available to the world under the QPL.

You labelled versions but didn't use those labels in the final sentence,
so I'm not sure which one you meant (both B and C fit).

Work B?  How?  He only released it to his dog, not to the world, and you'd
have a hard time asking the dog to send it even if you knew he had it.  If
you're claiming that you can get around the requirement to keep it available
under the QPL by releasing once to an uninterested party (such as a dog),
you're talking about loopholes.

Work C?  It isn't available to the world under the QPL, only the GPL, and it,
too, is a future version of the software, with my patch in it.  (Well,
Software isn't defined, so it isn't clear if it's the same Software after
being modified a few more times and going through a few more hands; but it
sure feels like it is.)

(The portion of C which is B--the part owned by me or the initial developer--
is still available under the QPL, if it could be extracted from C; but
C as a whole still seems to be a future version of B, and it's not available
under the QPL.)

-- 
Glenn Maynard



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Raul Miller
  On Tue, Aug 24, 2004 at 02:19:32PM -0400, Brian Thomas Sniffen wrote:

  Please cite relevant text from the GPL.

 Raul Miller [EMAIL PROTECTED] writes:
  Section 9.

On Tue, Aug 24, 2004 at 04:40:25PM -0400, Brian Thomas Sniffen wrote:
 I don't see anything in there about the FSF replacing my license to
 Emacs 21 with something else.  The part which binds me, instead of the
 FSF, is this:
 
   Each version is given a distinguishing version number.  If the
   Program specifies a version number of this License which applies to
   it and any later version, you have the option of following the
   terms and conditions either of that version or of any later version
   published by the Free Software Foundation.  If the Program does not
   specify a version number of this License, you may choose any version
   ever published by the Free Software Foundation.
 
 So I have Emacs under version 2 or any later version.  I don't want
 any later version right now, so I'll take it under GPL v2 for the
 forseeable future.  Where's the bit where the FSF can replace my
 license?

What's your role here?  Are you the copyright holder, a developer of
some change or some downstream user?

Let's imagine that you're not the copyright holder, but that instead
you're the developer who submits some change.  Let's also imagine that
the change goes into some debian package which is distributed as a part of
main.  For added fun, let's imagine that the package in question is gcc,
and let's imagine that someone at the FSF has downloaded the software
in question from a debian mirror.  [I hope none of these assumptions
seem particularly outrageous.]

Now, it's true that there is no version 3 of the gpl right now.  So here's
where we get into completely hypothetical land:

The FSF could release a GPL version 3 which has completely arbitrary
terms.  If control of the FSF had passed to someone unscrupulous, these
terms might be proprietary.  [I'm not saying this is a likely scenario,
just a possible one -- I hope this hypothesis seems particularly
outrageous.]

Anyways, that's something only the FSF can do with gcc licensing --
no one else can.

More simply, I'm asserting that the QPL relicense clause is similar in
spirit (though not in implementation) to section 9 of the GPL.

-- 
Raul



Re: CeCILL again...

2004-08-24 Thread Glenn Maynard
On Tue, Aug 24, 2004 at 11:19:27AM +0100, Edmund GRIMLEY EVANS wrote:
  The license is binding on the licensee,
 
 Not in the same way, assuming it really is a licence, rather than a
 contract.

Maybe; if I modify software and distribute the result, and I misunderstand
the license, I can still be up an unpleasant creek (though not as bad as
if I violated the license intentionally).

  who should not have to be bound
  by a text in a language that they don't understand properly.
  (The only solution available to me, in that situation, is to not touch the
  software.)
 
 Then you have a solution. Use it. But please don't try to force your
 solution on other people who may be perfectly happy, or even happier,
 with a licence in French.

I don't think just don't use the software is an acceptable solution.

-- 
Glenn Maynard



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread MJ Ray

On 2004-08-24 17:56:54 +0100 Steve McIntyre [EMAIL PROTECTED] wrote:


Andrew Suffield writes: [stuff]
Thanks. Written in your typical patronising fashion, of course. That's
half the reason why a lot of people don't/won't take part in
discussions here. [...]


I think I've disagreed with Andrew Suffield as much as most. His 
writing is terse and I think he sometimes includes insulting 
adjectives, but patronising is not a word I'd use to describe it. I 
don't mind terse: if more posters trimmed efficiently and wrote 
shorter messages, this list would be more usable.


Could do with losing the more obvious flamebait IMO, but he still 
posts some useful info among the grumbles, doesn't seem to do much 
character assassination and he doesn't constantly curse everyone up, 
unlike some debian list inhabitants.


As for list domination, Andrew doesn't seem to be that common here 
recently. Actually, I'm not sure whether you were complaining about 
Andrew there, so it was not a very helpful comment. :-/


--
MJR/slefMy Opinion Only and not of any group I know
http://www.ttllp.co.uk/ for creative copyleft computing
Please email about: BT alternative for line rental+DSL;
Education on SMEs+EU FP6; office filing that works fast



Bits from debian-legal between 2004-08-16 and 2004-08-22

2004-08-24 Thread MJ Ray
Index for this date range starts at  
http://lists.debian.org/debian-legal/2004/08/maillist.html#00359


The 7 most active threads:

NEW ocaml licence proposal by upstream, will be part of the 3.08.1 
release going into sarge, over 100 posts this week to 22 Aug, 
http://lists.debian.org/debian-legal/2004/08/maillist.html#00387

Choice-of-Venue is OK with the DFSG, over 20 posts from 16 to 22 Aug, 
http://lists.debian.org/debian-legal/2004/08/maillist.html#00364

Web application licenses, over 15 posts this week to 17 Aug, 
http://lists.debian.org/debian-legal/2004/08/maillist.html#00365

Bug#265352: grub: Debian splash images for Grub, over 20 posts this 
week to 20 Aug, 
http://lists.debian.org/debian-legal/2004/08/maillist.html#00362

GPL-licensed packages with depend-chain to OpenSSL, over 10 posts this 
week to 20 Aug, 
http://lists.debian.org/debian-legal/2004/08/maillist.html#00437

A short licence check, over 10 posts from 21 to 22 Aug, 
http://lists.debian.org/debian-legal/2004/08/mail2.html#00570

CeCILL again..., over 5 posts from 22 Aug, 
http://lists.debian.org/debian-legal/2004/08/mail2.html#00590


Bits author picks:

Debian project leader Martin Michlmayr asks about making a debian logo 
DFSG-free: http://lists.debian.org/debian-legal/2004/08/msg00465.html

The tail of the Netatalk/OpenSSL thread lives on: 
http://lists.debian.org/debian-legal/2004/08/msg00360.html

Glenn Maynard on the trouble with new copyleft licences for 
documentation: 
http://lists.debian.org/debian-legal/2004/08/msg00580.html


Please send comments/corrections/offers of help to me and cc 
[EMAIL PROTECTED] - this is week 3 of the beta.

-- 
MJR/slefMy Opinion Only and not of any group I know
http://www.ttllp.co.uk/ for creative copyleft computing

RFC3156 defines security multipart formats for MIME with OpenPGP.

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Description: PGP signature


Re: Bits from debian-legal between 2004-08-16 and 2004-08-22

2004-08-24 Thread Andrew Suffield
On Tue, Aug 24, 2004 at 10:48:13PM +0100, MJ Ray wrote:
 Choice-of-Venue is OK with the DFSG, over 20 posts from 16 to 22 Aug, 
 http://lists.debian.org/debian-legal/2004/08/maillist.html#00364

Sometimes the subject line is a really awful summary of a thread.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'  |
   `- --  |


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Re: Bits from debian-legal between 2004-08-16 and 2004-08-22

2004-08-24 Thread MJ Ray
On 2004-08-24 22:46:58 +0100 Andrew Suffield [EMAIL PROTECTED] 
wrote:



Sometimes the subject line is a really awful summary of a thread.


Not my fault. It was broken when I got here, honest! ;-)

Actually, I think there were a couple of really awful subject lines 
last week. It would really help if posters updated the subject 
occasionally and prefixed the old one with was. This may help for 
other things too. For the bits list, I'd really prefer not to get 
into editing, as that way lies a lot of work and the tabloids.


When a particular thread goes bananas, I do stop reading things with 
its subject if I'm busy. Updating the subject will get my attention 
again if it's something interesting. I don't think that's unusual.


--
MJR/slefMy Opinion Only and not of any group I know
http://www.ttllp.co.uk/ for creative copyleft computing



Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Steve McIntyre
Andrew Suffield writes:
On Tue, Aug 24, 2004 at 05:56:54PM +0100, Steve McIntyre wrote:
 
 Thanks. Written in your typical patronising fashion, of course. That's
 half the reason why a lot of people don't/won't take part in
 discussions here.

Unsubstiantiated assertion. Also unlikely, and a cheap attempt at
dismissing a point without answering it, and an inexplicable use of
patronising; I suggest you consult a dictionary. I'm not sure what
you think it means, but it makes no sense here.

2 for 2. Well done, Andrew. You didn't let me down at all.

I see no connection between this paragraph and the real world. Most of
the people on -legal who participate in the important stuff are also
critically short of time and tend to skip over useless threads. Most
of the useless threads are the responsibility of outsiders who just
won't listen, and who would rather argue a point than do anything
about it (even when action is easier than arguing about it). So if we
assume the rest of your argument holds true, the most you can say
about that is that they're a (perhaps unintentional) effort to
sabotage the work of -legal.

Simple question: what do you think _is_ the work of -legal?

Extreme views here is a meaningless term and an tasteless attempt at
demagoguery. I've tolerated it this far, but enough is enough; please
grow some manners. The validity of a viewpoint is not determined by
how close it comes to some end of an arbitrary scale.

Manners? From you? Ha!

Why do you *think* we always tend towards the paranoid viewpoint? You
seem to be arguing at cross-purposes with yourself now; the objection
is that we classify too much as non-free or non-distributable, and yet
you argue that our approach is invalid because we might accept
something as free that we *shouldn't*?

So, at what point does it end? I've seen people seriously (I assume)
suggesting here in the last few weeks that they variously don't
consider the GPL, the BSD or MIT licenses free. If we're going to be
that paranoid, why bother playing this game any more? If you take that
attitude, we've lost already.

-- 
Steve McIntyre, Cambridge, UK.[EMAIL PROTECTED]
We don't need no education.
We don't need no thought control.



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Claus Färber
Glenn Maynard [EMAIL PROTECTED] schrieb/wrote:
 No, I don't think they can do that.  The permission grant in QPL#3b
 says provided such versions remain available under these terms in
 addition to any other license(s) of the initial developer, which only
 seems to allow them to release it under other terms *in addition to*
 the QPL.

This does not mean they can't use the code in products not licensed
under the QPL. With clause #3b, contributors have to give them
permission to do so. The clause only means they can't take submitted
code for proprietary works and never release it in an QPL-licensed work.

As long as the submitted code is made available under the QPL, they can
also make it available under any other license. Note that clause #3b
does (IMO intentionally) not require modifications of the contributed
code to be available under the QPL, so they can also license it under
different open source licenses, including the GPL.

Claus
-- 
http://www.faerber.muc.de




Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Andrew Suffield
On Tue, Aug 24, 2004 at 11:34:43PM +0100, Steve McIntyre wrote:
 I see no connection between this paragraph and the real world. Most of
 the people on -legal who participate in the important stuff are also
 critically short of time and tend to skip over useless threads. Most
 of the useless threads are the responsibility of outsiders who just
 won't listen, and who would rather argue a point than do anything
 about it (even when action is easier than arguing about it). So if we
 assume the rest of your argument holds true, the most you can say
 about that is that they're a (perhaps unintentional) effort to
 sabotage the work of -legal.
 
 Simple question: what do you think _is_ the work of -legal?

License analysis.

 Extreme views here is a meaningless term and an tasteless attempt at
 demagoguery. I've tolerated it this far, but enough is enough; please
 grow some manners. The validity of a viewpoint is not determined by
 how close it comes to some end of an arbitrary scale.
 
 Manners? From you? Ha!

No, from you. I have never knowingly violated my concept of good
manners. You just did it twice.

 Why do you *think* we always tend towards the paranoid viewpoint? You
 seem to be arguing at cross-purposes with yourself now; the objection
 is that we classify too much as non-free or non-distributable, and yet
 you argue that our approach is invalid because we might accept
 something as free that we *shouldn't*?
 
 So, at what point does it end? I've seen people seriously (I assume)
 suggesting here in the last few weeks that they variously don't
 consider the GPL, the BSD or MIT licenses free. If we're going to be
 that paranoid, why bother playing this game any more? If you take that
 attitude, we've lost already.

Are you just trying to troll? That's so out of the field that I don't
know where to start...

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'  |
   `- --  |


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Re: Suggestions of David Nusinow, was: RPSL and DFSG-compliance - choice of venue

2004-08-24 Thread Glenn Maynard
On Tue, Aug 24, 2004 at 11:34:43PM +0100, Steve McIntyre wrote:
 Extreme views here is a meaningless term and an tasteless attempt at
 demagoguery. I've tolerated it this far, but enough is enough; please
 grow some manners. The validity of a viewpoint is not determined by
 how close it comes to some end of an arbitrary scale.
 
 Manners? From you? Ha!

Well, you sure told him!

 So, at what point does it end? I've seen people seriously (I assume)
 suggesting here in the last few weeks that they variously don't
 consider the GPL, the BSD or MIT licenses free. If we're going to be
 that paranoid, why bother playing this game any more? If you take that
 attitude, we've lost already.

Who is saying each of these?

I've said that I dislike some effects of the GPL, but not that it's
non-free.  Walter Landry has said that he believes the GPL would fail
the DFSG if DFSG#10 wasn't there, but it is, and he hasn't suggested
(as far as I know) that he actually considers the GPL non-free.  These
are the only things I can remember that you might be referring to.

I can't remember anyone ever saying that the MIT license is non-free,
except for a brief discussion about the MIT's associated documentation
wording, which we quickly agreed about and moved on.  (That's a useful
case, in fact: a very short, very clearly free license, but with an
interpretation that would be non-free--that associated documentation
includes documentation that isn't distributed with or derived from the
software.  It, like the Pine case, shows how free licenses can have
non-free instantiations.)

Personally, I think the 4-clause BSD's advertising clause feels non-free
(eg. the banner ad case), but it's not a strong feeling nor one I'm pushing.
I can't think of any sense in which the 2- or 3-clause BSD licenses could
be called non-free, or any case where somebody has seriously suggested it.

I can't remember anyone ever suggesting that any of these licenses should
start being ripped from Debian; if somebody seriously believed that they
were non-free, that's what I'd expect.  Discussions about established
licenses, and understanding and acknowledgement of problems they may have,
are very useful.

-- 
Glenn Maynard



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Glenn Maynard
On Tue, Aug 24, 2004 at 03:38:00PM +0200, Claus Färber wrote:
 This does not mean they can't use the code in products not licensed
 under the QPL. With clause #3b, contributors have to give them
 permission to do so. The clause only means they can't take submitted
 code for proprietary works and never release it in an QPL-licensed work.
 
 As long as the submitted code is made available under the QPL, they can
 also make it available under any other license. Note that clause #3b
 does (IMO intentionally) not require modifications of the contributed
 code to be available under the QPL, so they can also license it under
 different open source licenses, including the GPL.

I believe the above is not in agreement with the license:

... is granted to the initial developer of the Software to distribute
your modification in future versions of the Software provided such
versions remain available under these terms in addition to any other
license(s) of the initial developer.

I don't see any implication that the intent of the above is to allow the
initial developer, or anyone else, to use the modification in other works
which are not available under the QPL.  The above says to me, as a
(theoretical) contributor, the stuff your patch can be used in will always
be available under the QPL.

I'm not inclined to push and shove at this, if both the initial author
and contributors are believed to agree on the interpretation you give
(just because there are better uses of my time), but I do believe it
doesn't folllow from the text.

-- 
Glenn Mayard



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-24 Thread Brian Thomas Sniffen
Raul Miller [EMAIL PROTECTED] writes:

 On Tue, Aug 24, 2004 at 02:19:32PM -0400, Brian Thomas Sniffen wrote:
 Please cite relevant text from the GPL.

 Section 9.

I don't see anything in there about the FSF replacing my license to
Emacs 21 with something else.  The part which binds me, instead of the
FSF, is this:

  Each version is given a distinguishing version number.  If the
  Program specifies a version number of this License which applies to
  it and any later version, you have the option of following the
  terms and conditions either of that version or of any later version
  published by the Free Software Foundation.  If the Program does not
  specify a version number of this License, you may choose any version
  ever published by the Free Software Foundation.

So I have Emacs under version 2 or any later version.  I don't want
any later version right now, so I'll take it under GPL v2 for the
forseeable future.  Where's the bit where the FSF can replace my
license?

 I don't see anything like that.
 All I see is a common license from authors that software is available
 under the GNU GPL, version 2 or any later version, at the discretion
 of the *recipient*.

 I suppose you could claim that a loophole exists here, if the FSF never
 receives a copy of your changes.  But that doesn't have any impact on
 other cases.

Loophole?  What does this have to do with a loophole?  Let's say I've got
some big modifications to Emacs 21.3 here.  I send them to the FSF, saying
that they are licensed to them under GPL v2.  The FSF promptly tosses
them in the trash, since they only take stuff with copyright
assignment.  OK, let's say they *really* want these mods, for whatever
reason.  So they publish a GPL v3 and... absolutely nothing.  I don't
see the replacement that you're talking about.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]